According to A.R.S. §9-463.01.T, cities may regulate land splits within its jurisdictional boundaries. The state law gives the City authority to determine the division lines, area, and shapes of the parcels. Neither a preliminary plat or a final plat is required but the resulting tracts, parcels, or lots, shall conform to applicable zoning requirements and other government codes and ordinances.
A. Applicability. Each of the following shall be a minor lot division subject to the requirements of this Article:
1. The division of improved or unimproved land whose area is 2.5 acres or less into 2 or three lots or parcels for the purpose of sale or lease, where no new street is involved;
2. The division of improved or unimproved land for the purpose of sale, or lease, whether immediate or future, into 2 parts, where the boundaries of such property have been fixed by a recorded plat;
3. Lot line adjustments, whether or not a new lot is created;
4. Lot Ties, where two existing lots are joined by the removal of a lot line.
B. Review, Approval, and Recordation
1. Pre-Submittal Meeting. A pre-application meeting is required prior to the formal submittal of the minor lot division application. The pre-application meeting provides an opportunity for the City and the applicant to review and exchange information regarding a proposed minor lot split prior to the preparation and formal submittal of a subdivision plat application.
2. Application
a. The applicant shall submit a minor lot division application and supplemental documents as stated on the minor lot division application.
b. The Director of Community Development and City Engineer shall review and approve the request for minor lot division;
c. Minor lot divisions shall be reviewed for compliance with the following provisions:
(1) Does not constitute a subdivision as defined in A.R.S.§ 9-463.02.A which would require compliance with subdivision platting requirements as stated in Section 151.19.004 of this Code.
(2) Results in tracts or parcels which conform to the minimum lot size requirements of the property's zoning district;
(3) Provides access to the proposed tracts, parcels, or lots in accordance with Section 151.08.005 of this Code;
(4) Results in all existing buildings complying with the setback requirements of the property's zoning district;
(5) Results in tracts, parcels, or lots, of at least the minimum size required to build in accordance with the applicable zoning district.
d. After approval, all documents shall be recorded with the Cochise County Recorder's Office.
(Res. 2020-010, passed 2-13-20; Am. Ord. 2020-003, passed 4-9-20)